Valmiki J. Mehta, J. (Oral):--

1. This first appeal is filed under Section 299 of the Indian Succession Act, 1925 challenging the judgment of the probate court dated 15.12.2012 dismissing the probate petition filed by the appellant. By the petition probate was sought of the Will dated 11.1.2007 of Sh. Himanshu Kumar Roy. Sh. Himanshu Kumar Roy was the real brother of the appellant/petitioner as also the respondent No. 2/objector. Petitioner propounded the Will dated 11.1.2007 and contended that the same stands proved in view of the depositions of both the attesting witnesses one Ms. Juthika Roy and Mr. R.S. Rathore. As per the petitioner, the attesting witnesses as also the petitioner have proved the due execution and attestation of the Will Ex.PW2/1 and also the fact that the deceased was in sound disposing mind, and consequently, probate petition ought to have been allowed and not dismissed. It was also the case of the petitioner/appellant that there were no suspicious circumstances as was contended on behalf of the objector.

2. The objector/respondent No. 2, and who is also the real brother of the deceased Sh. Himanshu Kumar Roy, filed his written statement/objections and contende

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